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(영문) 서울서부지방법원 2017.02.09 2016고단3623
사기미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant advertised sexual traffic to an unspecified number of men using a gingot mix called “Uh Stockholm” with B, and then sent a female to engage in sexual traffic against men who wishing to purchase the sex.

The purpose of deception was to acquire the money by deception.

1. On October 12, 2016, the Defendant and B, who attempted fraud around 02:0 on October 12, 2016, concluded that: (a) around 02:00 on October 12, 2016, the Defendant and B sent a notice posted an advertisement for the above “Seoul Stockholm” to the victim C who had contacted with the said notice; and (b) as well as (c) B, waiting in the said car and waiting in the victim’s residence located in Mapo-gu Seoul Mapo-gu, Seoul, while sending the victim, the Defendant sent the said car to the victim, “I will send I am if I pay 500,000 won of the price of sexual traffic in advance.”

However, the fact, however, was thought to receive only the advance payment from the injured party, and there was no intention or ability to arrange sexual traffic.

As a result, the Defendant conspired with B to induce the victim and deliver 500,000 won from the victim to the victim, namely, in advance, from the victim. However, the victim refused payment and attempted to do so.

2. On October 12, 2016, the Defendant and B, who attempted fraud around 06:0 on October 12, 2016, concluded that, around 05:20 on October 12, 2016, the Defendant and the victim E, who reported and contacted the above “Seoul Stockholm,” posted a notice on the advertisement, would have mediated commercial sex acts. In addition, the Defendant would wait within the said car, and the Defendant would send the said car to the said victim, “I would send a car if I would pay 50,000 won in advance the price of commercial sex acts to the victim.”

However, the fact, however, was thought to receive only the advance payment from the injured party, and there was no intention or ability to arrange sexual traffic.

Accordingly, the defendant, in collusion with B, deceiving the victim, and thus, he shall be free from the victim, i.e., the victim.

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